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1 bite is worth a 1000 Barks
Lv 4
1 bite is worth a 1000 Barks asked in Business & FinanceRenting & Real Estate · 9 years ago

Can my landlord do this?

Well here is the short version, I have cancer our bills got out of control. We where unable to pay our rent. Our landlord gave us a 7 day notice of eviction , ( not from the court) we tried to make arrangements ith him but instead of talking like a reasonable human he waited until I came home from chemo and just started yelling and screaming like an idiot. I told him since he acted this way and attacked me while I was so sick that I would not be paying the rent to him but instead would be moving . Since then he keeps sending people to the property I can only assume to see if I have moved even though he can see the vehicles from the road they drive about 40mph through the property. This has become daily . He has the right to evict but has not gone to the court . Does he have the right to keep sending people here which I would see as trespassing since it is posted and harassment. I will be out in another week but feel he should not be coming here or sending others. Can he do this or should it be noted in my answer to the court should he actually file for legal eviction.

I don't need wise acre answers please. The fact is we would have paid him and only asked for a few extra days for me to get right after my chemo treatment to get back to work . I was not in anyway planning on not paying until he acted in the way he did. We have endured 2 years of him acting this way and making threats when we would ask him to fix the heat which never did get done or asked him to fix the roof leaks which never got done either. The fact is we really didn't have the resources to move with me being sick and he would threaten to kick us out everytime we asked for a repair.

By te way I live in Alabama I don't know if the laws here are different

Update:

The fact is I can see who the landlords are that answer. The fact is there are laws against landlords trespassing I am just not sure of the exact wording or how it applies here. He is not showing the property and is causing dangerous conditions with our children out side and speeding on the property. The fact is he would have had his money and late fees had he not acted like an idiot . He had no reason to act this way it was only day 2 of the month. Not like we are deadbeats I had to pay for my chemo treatment this was a monday so it would have only been til Friday when my wife got paid. I have lived here 2 years with all bills being paid on time , I don't think I was being a bad guy for asking for 5 days. I was willing to pay a late fee. It's not my fault he is a drunk that needed money for his drinks. And by te way I paid early when he got locked up for dui so he could bail out of jail.

Update 2:

I do thank you for the well wishes . The folks coming by are not possible renters they are his family members such as brother in law sister ex-wife son, and that is every day all day . I know he has the right to evict thats not in question . I have every intention of giving him the money for the time it takes us to get out I just think he is being a jerk when he could have had all his money had he acted humanly . I have never and will never be a deadbeat and will mail him a check once we are gone but it just seems he is going out of his way to keep me going in and out which is hell on me with being sick. Also it scares the kids since they have no idea why these people are here or why he was yelling and wanting to fight

Update 3:

For the real estate attorney I understand your answer I do , My lease reads due on the 1st and a late fee applies after day 5 which I would have been happy to pay. There are laws against landlords trespassing without prior notice and he is not the one trespassing but his family members.

Update 4:

RP your an a** for a landlord too then. I called fare housing today they told me not to move that under current laws for my state he refused the rent by serving an eviction notice on day 2 when my lease gave me til day 5 to pay rent. Also advised me to go to the court and put rent in probate account until he fixes every safety violation that I complained about for the last 2 years . He was stupid enough to put in writing he would not fix the roof or the heat and if I didn't like it I could move. The lawyer said I am a tenant lawyers dream, so RP I hope some one gets you one day to just for being another jerk landlord that thinks they rule the world just cause they own the house you live in. Jerk

7 Answers

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  • Anonymous
    9 years ago
    Favorite Answer

    Im not sure cause in portland is different in every state

  • chatsplas
    Lv 7
    9 years ago

    Sorry for your situation, but you need to separate out the emotion--yours and LL's

    READ the lease, carefully

    The LL's 7 day notice is the first step in eviction and does not come from court. . . .only after 7 days does court get involved

    You have a valid and binding lease, requiring full payment on X date

    You have not paid on X date. . . .regardless why. . . .it is your problem, not LL's, and LL is entitled to full rent. . . .and whether YOU feel justified NOT paying because he yelled at you is irrelevant. . . .and whether your LL is a drunk or insensitve or insolvent is irrelevant. . . .and whether you are a good guy and LL is a jerk is irrelevant. . . . .

    Your LL's past failures during your occupancy are irrelevant and do not excuse your failure to pay

    Certainly voting with your feet and getting out of there sounds like a good idea. . . .it's the process here that is the issue. . . .

    LL has right to inspect property at reasonable times and cannot generally be limited to looking from road

    Source(s): real estate attorney
  • ?
    Lv 7
    9 years ago

    I don't really think he's doing anything so wrong (sounds like these people are coming around to see if they will rent it after you're gone), but its hard for me to judge just how harrassing this has become.

    You could try telling him that if he harrasses you any further you won't move out at all and he can just evict you. That will take him another month or more (possibly alot more - not sure about the laws where you are), so if he has half a brain (though he may not) he'll cut it out.

    Sorry about the cancer, I really hope you beat it.

  • R P
    Lv 7
    9 years ago

    The LL can be on HIS property or send people to check on HIS property any time he wishes. He only has to give prior notice if he is going to enter the dwelling.

    I am sorry to hear of your sickness, but that doesn't change the fact that your LL has not done anything illegal. You have refused to pay your rent and your LL is checking to see if you have moved out yet.

    You would be wise to move out before he files in court to have you evicted.

    Source(s): FL landlord with zero tolerance for non-paying tenants.
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  • . Smith
    Lv 7
    9 years ago

    he should not be forced to go to the court for eviction.lack of payment is a failure to meet the rules of the rental agreement.the court should only be involved if the tenant refuses to obey the contract that they agreed to.court is the extreme,and not the norm.i am very sorry for your illness,and am answering from a point of legality,and not from a point of compassion which i feel for you.your illness does not change his legal rights.it is a hardship on you,but a business for him,and you were in violation of the rental agreement.put the shoe on the other foot and say you owned this property,and you need this money for serious issues,does that money not hold the same importance?he is not a bad guy for wanting people to obey their obligations.if you would have told him that you might not be able to pay on time,he would not of rented to you.you were in violation of the contract,and will not be a good reference.

  • Qao Nk
    9 years ago

    If you're moving out in a week after 24 months of harassment then it's a little too late now, but check http://portal.hud.gov/hudportal/HUD?src=/states/al... to read about your rights as a tenant

  • ?
    Lv 7
    9 years ago

    Since you have NOT paid rent the landlord is legally permitted to show the property to prospective tenants. Your problems are not the landlord's concern.

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